IDLO IN KENYA

The deliberate inclusion of “access to justice for all” as part of the internationally agreed Sustainable Development Goals (SDGs) is an important milestone in promoting inclusive growth. It presents an opportunity to link legal justice with achievement of other SDGs covering human and social development, gender equality, and poverty reduction. The United Nations (UN) Commission on Legal Empowerment of the Poor (2008) argued that 4 billion people worldwide were ‘robbed of the chance to better their lives and climb out of poverty, because they are excluded from the rule of law’. SDG 16.3 commits the international community to promote the rule of law at the national and international levels and to ensure equal access to justice for all by 2030. Particularly, the two indicators focus on criminal justice and relate to (1) victim reporting levels and (2) the proportion of prisoners awaiting trial. SDG16 is considered an important accelerator of progress across the entire 2030 agenda, as it contributes to the achievement of poverty eradication (SDG 1), gender equality (SDG 5), decent work (SDG 8), and reduced inequalities (SDG 10).

At the core of the rule of law lies the principle of equality: equal protection and equal rights. It demands taking a gender perspective on the access to justice as a human right issue, along with the assessment of access and obstacles to the enjoyment of these rights for women, men, girls and boys and adopting gender sensitive strategies for protecting and promoting them. Predominantly, women and girls continue to suffer from inequitable laws and policies with more than 150 countries retaining legal provisions that discriminate against women, placing the rule of law squarely at the core of gender equality. Among the challenges faced are the disparate impacts and outcome that delivering justice has on women and men and the substantive areas where women are marginalized from the justice process, including property and inheritance, family law, gender-based violence (GBV), traditional justice, and international jurisprudence. In addition, surrounds women’s representation and participation in the justice sector and barriers to women’s access to justice, including procedural problems inhibit equitable functioning of the justice sector.

The address gender equality in access to justice, there is need to improve on the jurisprudence and capacity of judiciary to administer justice in a gender-sensitive manner. A gender perspective in judicial decision-making requires that consideration is given to the different experiences and realities of different genders with an analysis made of how a seemingly gender-neutral decision will impact men and women, in terms of access to justice. It is neither fair nor appropriate to put the onus of change solely on the shoulders of judges and magistrates but to facilitate effective access to courts; judiciary adequately respond to all emerging gender issues impartially, timely and expeditious manner.

Thus, there is need to provide guidance for judges and magistrates on steps that can be taken in their daily practice to improve women and men access to justice and to provide a tool for the judiciary Training Institute in implementing initial and in-service curriculum on gender equality to justice. IDLO, IAWJ and JTI intends to engage a consultant to develop the training manual on gender equality.

Judiciary Training Institute (JTI)

The Judiciary Training Institute (JTI) was established in 2008 to provide judicial education for judges and magistrates. Since then, it has grown into a formidable institution in the Judiciary. Under the Constitution of Kenya, 2010, the Judicial Service Commission is responsible for preparing and implementing programmes for continuing education and training for judges and other judicial officers. JTI exercises this delegated mandate, and is therefore responsible for meeting the training, research and capacity development needs of Judiciary staff. JTI performs this mandate in part through various training programs and seminars, public lectures, research, and other forms of discourses targeting all cadres of Judiciary staff, and where, appropriate, members of the academy and the public at large.

As the Judiciary’s Institute of higher learning, the JTI is leading the Judiciary, in line with Judiciary Transformation Framework, in facilitating the growth of jurisprudence and judicial practice as the lifeblood of our institution.The JTI is the judicial think tank: an institute of global excellence and the nerve centre of rich intellectual exchange. It interfaces between the Judiciary and contemporary developments in society, on the one hand, and learning interaction between the Judiciary and other agencies, on the other. The JTI provides the intellectual anchor in making our courts the hearth and home of a robust and functional jurisprudence that meets the aspirations of Kenyans.

International Association of Women Judges - Kenya Chapter

IAJW is a non-profit, non-partisan organization registered under the Societies Act. Cap 108 Laws of Kenya. The Association has been in existence for over 20 years and has spearheaded advocacy in the advancement and promotion of the rights of women and children and increasing the opportunities available to them. Registered in 1993 the Association has worked tirelessly in advocating for rights and opportunities for women and children. Its membership has grown and currently enjoys a membership of more than 100 female judges and magistrates as well as associate members within the legal fraternity and in other sectors both governmental and private. This is exclusive of their colleagues in different professional sectors around the country who make up the honorary membership.

The Consultancy Assignment

In light of the foregoing context, IDLO, IAWJ and the JTI seek to recruit a consultant to develop a training manual to be used for training of Judiciary on principles of gender equality and inclusion. This is in line with the need to strengthen the capacity of the judiciary to administer gender justice.

Duties and Responsibilities

Under the overall supervision and direction of the JTI, IAWJ, and in consultation with the IDLO Kenya team, the Consultant will:

  • Conduct needs assessment mapping exercise using the Judiciary Gender Audit Report as a reference tool.
  • Review existing training material and identify gaps in the training modules.
  • Extract and identify policy and legislative review requirements that will facilitate gender mainstreaming at JTI.
  • Undertake necessary stakeholder engagements for participation in accordance with Article 10(1) of the Constitution of Kenya for the collation of views on the proposed draft policy and necessary legal reform.
  • To ensure all gender related issues that have an impact on access are captured in the Manual.
  • Review necessary documentation in accordance with the recommendations drawn from the Judiciary Gender Audit Report and conduct validation with stakeholders.
  • Attend necessary stakeholder forums and validation workshops to capture the input presented on drafts; Compile all the input and views from the stakeholders and public participation forums.
  • Submit a report noting clear recommendations for action, including necessary legal and policy reforms and strategic roadmap for interventions.
  • Prepare and submit draft and final versions of the draft manual.
  • Brief final technical report for IDLO- documenting all the support provided within the contracted period (the implementation of the ToRs: key results realized, perceived impact of project, challenges faced and recommendations.)
  • Perform such other duty as may be assigned in line with the project via IDLO, JTI and IAWJ.

Deliverables

The Expert shall deliver the following deliverables:

  • An Inception Report detailing the understanding of the terms of reference and a proposed methodology, plan of action, with a work plan indicating clear milestones and timelines. To be delivered within 10 days of contract start;
  • A draft manual with the facilitators’ guide;
  • Monthly reports on progress and ad hoc presentations for the Technical working group;
  • Participate in the validation of the manual and one practical training of Judges and Magistrates;
  • Any other deliverables as shall be agreed upon relating to these ToRs;
  • Final comprehensive report documenting all support provided to the Judiciary within the contracted period in furtherance of these ToRs, capturing key results realized, pending work, challenges faced and recommendations to JTI.

 The Expert will, at all times, be guided by these terms of reference and will:

  • Carry out the services and perform his or her tasks with reasonable care, skill and in an efficient and professional manner;
  • Ensure a high degree of quality in his/her output.
  • Observe strict confidentiality;
  • Observe office protocols and norms as notified by the Judiciary;
  • Carry out tasks, presenting outputs to IDLO, JTI and IAWJ the Judiciary on/or before agreed deadlines.
  • Be guided by these terms of reference.

Reporting and Supervision

The Consultant will report to the IDLO Field Program Manager on behalf of the IDLO Country Director, the Director -JTI, the Chairperson of IAWJ Kenya Chapter and/or any other reporting line as may be determined by IDLO Kenya, IAWJ and JTI.

Ideal Candidate Profile

EDUCATION AND WORK EXPERIENCE

  • Hold a Bachelor of Laws Degree (or other relevant qualification in Gender) together with a post-graduate degree in a relevant field.
  • Must possess strong understanding of gender equality and work experience in gender mainstreaming in access to justice and have demonstrated experience in curriculum development.
  • Have at least 7-10 years of professional experience regarding rule of law, gender and governance sector reforms and in developing training manuals on gender mainstreaming/integration
  • Experience in legal research, analysis and writing, particularly in the field of Gender and Rule of law.
  • Experience and administration in areas related to judicial reforms is an added advantage.
  • Familiarity with the social, political, legal and economic context in Kenya and/or the region/similarly placed jurisdictions. Experience in more than one country context is a significant advantage, especially comparative jurisdictions.
  • Possess strong work ethic characterized by desire to achieve results. Ability to multi-task in a high-pressure environment, respond rapidly to ad hoc requests, meet tight deadlines and ensure diplomacy and tact when engaging with stakeholders.
  • Strong problem-solving skills, with a high degree of personal and professional organization.
  • Be computer savvy, able to navigate basic programs with proficiency and be able to utilise social media applications to aid her/his work.

TERMS AND CONDITIONS

Terms and conditions will be set according to the program implementation needs. Candidates should prove their ability to work and travel in Kenya. The assignment will be undertaken for a short-term period (3 months) on an output basis at lump sum rate to be spread across the delivery period for the services rendered in furtherance of these terms of reference.

 Total remuneration for the assignment shall be paid in three instalments as follows:

  1. 20% on submission and approval of the inception report;
  2. 40% on submission, presentation and approval of the draft policy and proposed legal reforms (policy, Bills and draft proposal for amendment)
  3. 40% on the successful conclusion of the assignment, particularly the submission of the Final draft policy and legislative proposals.

Please note that this assignment is output based, and at times the flexibility of scheduling, availability, etc. might be required to ensure completion of work during time frame. All fees are subject to KRA withholding tax.

Kindly ensure that only Curriculum and Cover Letter are attached.

DISCLAIMER 

The above statements are intended to describe the general nature and level of the work being performed by the Contractor assigned to this work. This may not be an exhaustive list of all duties and responsibilities.

The Director-General of IDLO reserves the right to amend and change responsibilities or even to cancel the recruitment to meet business and organizational needs as necessary.

 

At Impactpool we do our best to provide you the most accurate info, but closing dates may be wrong on our site. Please check on the recruiting organization's page for the exact info. Candidates are responsible for complying with deadlines and are encouraged to submit applications well ahead.
Before applying, please make sure that you have read the requirements for the position and that you qualify. Applications from non-qualifying applicants will most likely be discarded by the recruiting manager.